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Court of Appeals, Southern District

Negligence: Comparative Fault Instruction – ‘Careful Lookout’ – Motorcycle Accident

Where a plaintiff who was injured while riding his motorcycle showed that he had no obligation to take evasive action and even exercising the highest degree of caution could not have seen the defendant’s  car begin to move, the evidence ...

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Civil Practice: Subject Matter Jurisdiction – Tort Claim – Work Comp Remedy

Where a plaintiff was injured when making a delivery to the defendant retail store and the defendant filed a motion to dismiss claiming that the plaintiff was a statutory employee with an exclusive remedy in workers’ compensation law, the trial ...

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Civil Practice: Default Judgment – Service Of Process – Insurance Company Defendant

Where a default judgment was entered against an insurance company defendant less than 45 days following service of process on the director of insurance, the default judgment was void under Section 375.271. Judgment is reversed and remanded. Reeves v. Allstate ...

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Criminal Law: Robbery – Accomplice Liability – Sufficiency Of Evidence

Where defendant was convicted of robbery and armed criminal action charges when he and an accomplice took a wallet and a purse from the victims, sufficient evidence supported a conviction for second-degree robbery based on a showing that the defendant ...

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Contracts: Construction Contract – Breach Of Contract – Statute Of Limitations

Where in a dispute over a construction contract the developer claimed the escrow agent breached an express trust and breached an obligation to pay vendors, subcontractors and suppliers by failing to ensure that payments were properly disbursed, the causes of ...

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Insurance: Farm Owners Policy – Personal Liability Coverage – Business Pursuits Exclusion

Where plaintiff was injured by an explosion of a water pressure tank that was negligently welded by the insured, who was plaintiff’s supervisor, and the trial court found that a farmowners policy provided insured with personal liability coverage for the ...

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Employer – Employee: Employment-At-Will Doctrine – Public Policy Exception – Nurse

Where a nurse brought a wrongful discharge case after she claimed she was terminated for refusing to delete or change notes that she made regarding a patient’s care, the nurse’s allegations sufficiently invoked the public-policy exception to the employment-at-will doctrine, ...

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